People v. Howard

Officer Lenover was patrolling near Irving Elementary School when he noticed a car parked “partially in” a T-intersection, about 15 feet from school property. It was a weekday. There were 80-100 children playing in the school yard. Lenover ran the license plate and discovered that the car was owned by defendant, a registered child sex offender. Lenover approached and verified that the driver was defendant. According to Lenover, defendant admitted that he knew he was not supposed to be around the school. Lenover arrested him. Defendant later testified that he had driven a friend to the school, to deliver lunches to the friend’s grandchildren while defendant waited in the car. The friend stated that she had been inside the school for four to five minutes. Defendant denied telling Lenover that he knew he was not supposed to be near the school. The court found defendant had violated 720 ILCS 5/11-9.3(b), which makes it unlawful for a child sex offender to knowingly loiter within 500 feet of a school while persons under the age of 18 are present, and sentenced him to 30 months’ probation. The appellate court affirmed, holding that a child sex offender who is neither a parent nor a guardian of a school child “loiters” if he remains within “the restricted school zone for any purpose, lawful or unlawful, while children under age 18 are present,” rejecting defendant’s contention that the statute is unconstitutionally vague. The Illinois Supreme Court affirmed, rejecting defendant’s “legitimate purpose” defense. View "People v. Howard" on Justia Law